Jury Still Out On Propriety Of Lawyers` Ads

Word of mouth used to be the way lawyers gained reputations -- and clients. This year attorney Jeffrey Orseck will spend more than $650,000 in print and television advertising to market himself.

``I think advertising offers the public the chance to pick and choose what attorney they would like,`` said Orseck, who has been in practice for more than 10 years and has been advertising for five years.

The many young attorneys who do not work for large firms almost have to advertise, said Jon Gutmacher, a Broward attorney.

``It`s either get in with a good firm or advertise, there is no middle ground,`` said Gutmacher, who spends about $40,000 a year on newspaper and Yellow Pages ads.

Gutmacher said about 70 percent of the clients of his one-man firm are drawn by ads.

``Twenty years ago you could practice law as a profession, but now lawyers have to practice law like a business,`` said Gutmacher, a lawyer since 1972.

Many attorneys with larger firms object to advertising on the grounds that it takes away from the professionalism of the field.

``If I were charged with a crime, the last place I would look is the Yellow Pages for an attorney,`` said Hilliard E. Moldof, president of the Broward County Criminal Defense Attorneys Association, and a member of the firm of Whitelock and Moldof.

Advertising by lawyers, permitted since 1977, became topical again this week as attorneys prepared for today`s commemoration of Law Day, an American Bar Association-sponsored event. It is a day used by organizations of lawyers to educate, inform and influence the public on the role of lawyers.

Several Broward-based organizations will hold activities today and next week to mark the event, whose theme is ``Foundations of Freedom.``

Daniel R. Rosen, who will have display ads in five different phone books this year, said he has heard the comments from his colleagues why he shouldn`t advertise.

``If I didn`t advertise, I wouldn`t have much work to do. Maybe those other people are a little jealous because they are not getting cases,`` said Rosen, who has been in practice for a little more than a year.

David P. Welch said his firm considered advertising several times ``out of self-defense`` against attorneys who advertise -- and are getting the majority of personal injury cases in Broward.

``Young lawyers see advertising as a shortcut to building clientele,`` Welch said.

He suggested young lawyers should build a clientele by establishing contacts through their various civic, social and religious memberships.

Welch, president of the Broward Trial Lawyers Association, said advertisements that present an unprofessional image of lawyers are ``a matter of grave concern for leaders in the bar.``

He objected particularly to print ads that show large pictures of the scales of justice or the number of years of combined experience a firm offers.

The Florida Bar does not object to any ad as long as it is not ``false, fraudulent, misleading or deceptive,`` said Pat Allen, ethics counsel for the state Bar.

A 1977 Supreme Court decision first permitted attorneys to advertise beyond a listing of their name in the phone book.

Allen said one of the functions of her office is to act as a watchdog for lawyers who advertise ``No recovery -- No fee`` but fail to include a disclaimer saying that agreement does not include court costs.

Failure to include such a disclaimer could leave the attorney vulnerable to accusations of false advertising, Allen said.

She said her office also keeps watch for lawyers who advertise as ``certified,`` or ``designated`` attorneys even though they have not fulfilled the requirements for such a classification.

ORIGINS OF LAW DAY

Law Day began in 1957 as an American Bar Association president`s response to May Day celebrations in communist countries. Events to mark the day include:

TODAY:

-- The Broward County Bar Association will hold its annual Law Day luncheon at the Riverside Hotel, 620 E. Las Olas Blvd., Fort Lauderdale. The association will name the recipient of its Liberty Bell Award, given to the outstanding Broward resident who is not in the legal field.

Winners of an essay contest for high school students sponsored by the association will be announced. Southern District Court Judge C. Clyde Atkins will speak at the luncheon.

-- Eleven attorneys will speak at 11 Broward junior and senior high schools. The talks are sponsored by the Broward County Criminal Defense Attorneys Association.

President Reagan and Gov. Bob Graham issued proclamations naming May 1 Law Day.

NEXT WEEK:

-- Consumer advocate Ralph Nader will speak to a group of attorneys at 7 p.m. Wednesday at the Riverside Hotel on ``The So-Called Insurance Crisis.``